Research On Legal Relief Of Illegal Dismissal In China

Although China’s socialist legal system has been built,illegal dismissal still exists.Especially in the current situation of COVID-19,the phenomenon of illegal dismissal of workers is more prominent.The right to employment and right to work of laborers are hitherto unknown.Therefore,workers are looking forward to a comprehensive and effective remedy.The promulgation and implementation of the labor law and the labor contract law provide a legislative basis for the application of legal relief measures for illegal dismissal in China.The amendment of labor legislation further improves the legal relief system for illegal dismissal in China.However,due to the complexity and variability of labor relations,the current labor legislation is still insufficient in terms of dismissal causes and dismissal relief measures,The relief and protection of workers is limited,and it is impossible to better balance the rights and interests of workers and the autonomy of employers and managers.Therefore,for the purpose of safeguarding the rights and interests of workers,based on legal provisions and judicial practice,based on the extraterritorial dismissal relief measures,based on the actual situation of our country,and based on the principles of fairness,good faith and social responsibility,this paper constructs a road suitable for the protection of dismissal relief in our country from the aspects of dismissal causes,dismissal relief measures and dismissal procedures,In order to do my best for the research on the legal relief of illegal dismissal in China.This paper mainly discusses the legal relief of illegal dismissal from the following five parts:The first part briefly describes the research status,background and significance.Because the protection of workers’ rights and interests is directly related to the stability of the labor market and society,the protection of workers’ rights and interests has always been an issue of continuous concern in the theoretical circle.The author summarizes the research status of the identification of illegal dismissal and legal relief measures at home and abroad,and finds that it is still necessary to study the legal relief of illegal dismissal in China.The second part introduces the basic theory of legal relief for illegal dismissal.Firstly,clarify the concept of illegal dismissal,explain the dismissal types in the theoretical circle and the statutory dismissal types in China,finally make a brief description of the dismissal protection provisions in international conventions and the dismissal relief means stipulated in China’s labor legislation,and comprehensively elaborate the basic theory of illegal dismissal,in order to give readers an overall understanding of illegal dismissal.The third part expounds the deficiencies in the legal relief of illegal dismissal in China.On the premise of affirming that the current labor legislation is inclined to protect the interests of workers,based on China’s current relevant legal provisions and judicial practice cases,this paper uses the case analysis method to analyze the problems existing in legal causes,the continued performance of labor contracts,the payment of economic compensation and the notice period.The fourth part examines the provisions of legal remedies for illegal dismissal in major foreign countries.Through the investigation and Research on the legal relief of illegal dismissal in several typical major countries,this paper briefly expounds the relevant provisions of the United States,Britain,Germany,Japan and France on the reasons for dismissal,dismissal procedures and dismissal relief,and summarizes the Enlightenment of the extraterritorial illegal dismissal system to our country,in order to pave the way for the proposal.The fifth part puts forward some suggestions to improve the legal relief measures of illegal dismissal in China.The ultimate purpose of analyzing the problems existing in the field of illegal dismissal relief in China is to improve the legal relief measures of illegal dismissal and protect the rights and interests of workers.Therefore,we should pay attention to the minimum protection of dismissal relief,that is,the protection of basic principles.At the same time,bring discriminatory and retaliatory causes into the scope of legal causes;Solve the applicable dilemma of continuing to perform the labor contract and paying compensation.In addition,the perfection of dismissal procedure can not be ignored,that is,the establishment of ladder like notice period system and job seeking leave system.The author hopes that the above suggestions can promote the development of the relief and protection system of illegal dismissal in China.